Jammu, Sep 2: Justice Vinod Chatterji Koul of the High Court of Jammu & Kashmir and Ladakh has stayed the operation of FIR No. 0061/2025 registered at Police Station Basohli against two Punjab labourers who have alleged custodial torture.
The FIR, dated June 30, 2025, was registered under sections 132-221, 352, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against Sukar Deen, son of Sardari Deen, and Farid Mohammad, son of Rahim Baksh, both residents of Chibber village, Dhar Kalan tehsil of Pathankot, Punjab.
Advocate S.S. Ahmed, representing the petitioners, sought quashing of the FIR and prayed for compensation of Rs 50 lakh each, alleging that the two labourers were subjected to brutal custodial torture at Atal Setu and later at Police Station Basohli. He contended that the FIR was fabricated to cover up the torture, accusing the labourers of attacking police personnel.
Justice Koul, after hearing the arguments, issued notices to the Principal Secretary (Home Department), Director General of Police J&K, Inspector General of Police Jammu Zone, SSP Kathua, and SHO Police Station Basohli, returnable within four weeks. Till the next date of hearing, the operation of the FIR has been stayed.
The counsel for the petitioners drew attention to an order of the Munsiff/JMIC Basohli dated June 30, 2025, which had declined police remand, noting that the accused had been arrested at 2 AM and that guidelines of the Supreme Court in D.K. Basu v. State of West Bengal were not complied with. The JMIC also observed that medical reports showed the accused were unfit and bore injuries consistent with custodial beating, and therefore remanded them to judicial custody instead.
The petition also annexed photographs of the alleged injuries, with medical treatment records from Civil Hospital Pathankot and corroboration from SDH Basohli.
The High Court has directed that the matter be listed again on October 18, 2025. [KNT]
